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B-196620 1 (1980-03-19)

handle is hein.gao/gaobadicj0001 and id is 1 raw text is: / 'Zi~ f * ~A. w, 7 ~, ~ MATTER OF: Richard H. Wair Summer employee of HEW returned to work during midyear school break after being told he might be allowed to do so but without official appointment. Agency realizes indi- vidual lacks appointment during his work period and allows individual to continue working while retroactive appointment is processed. Employee is never appointed due to administrative problems and agency ques- tions whether employee can retain compensa- tion he received in form of salary advance. Employee was de facto employee and may retain compensation. An authorized officia of'Ahe Department of Health, Education, and Welfare (HEW) dvance decision on whether Richard M. Wair was a de fac employee and .4 entitled to retain the compen- sation he received. We finthrf Mr. Wair performed services in good faith under color of authority, he was a de facto employee and may retain the compensation he received. During the summer of 1977, Mr. Wair worked in HEW's Office of the General Counsel (OGC) as a Clerk-Typist, GS-2, under a valid appointment. He and other OGC summer employees were told that they might be allowed to work during the midyear school break, and were told to notify the OGC Administrative Office in November if they were interested in doing so. On or about December 18, 1977, Mr. Wair returned to OGC, without authorization from the Office of the Secretary Personnel Office, and worked until January 14, 1978. The OGC Administrative Office disclaims knowing that he wanted to return or instructing him to do so. Whether his supervisor advised him to report for duty cannot be verified because she is now deceased. Nevertheless, when the Administrative Office learned that Mr. Wair had returned, he was allowed to continue to work. A late request for appointment was prepared and he was paid for the work he performed during December 1977 and January 1978 through an emergency salary advance. He was to repay the full amount of the advance upon receipt of a supplemental check issued through the normal payroll system once the Personnel Office had completed all necessary documentation. THE CONIPTROLLER GENERAL DECISION ~OF THE UNITED STATES WASHINGTON., .C. 20548 FILE: B-196620 DATE: March 19, 1980 DIGEST: /11fl- e 441641- n

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